A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from or not germane to that sought in the pleading of the opposing party.
Rule 4:7-2.Counterclaim exceeding opposing claim
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:7-2 confirms that a counterclaim may exceed the opposing claim in amount or differ from it in kind, and need not diminish or defeat the opponent's recovery.
Full Text of Rule 4:7-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:13-2.
Plain-English Summary
A counterclaim is not confined to the size or shape of the claim it answers. Under this rule a counterclaim may or may not diminish or defeat the recovery the opposing party seeks, and it may claim relief that exceeds that party’s claim in amount or differs from it in kind.
The counterclaim can even seek relief not germane to the original claim. The provision reflects the broad, permissive counterclaim practice of Rule 4:7-1, letting a party assert the full measure of what it is owed.
Frequently Asked Questions
Can a counterclaim be for more than the plaintiff seeks?
Yes. A counterclaim may exceed the opposing claim in amount or differ from it in kind, and it need not reduce or defeat the opposing party’s recovery.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:7-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: counterclaim exceeding claimamount of counterclaimdifferent relief counterclaim